The History of Natural Right

Given this revisionary account of the development of natural law (click for previous instalment in this series) in western intellectual history, how does it relate to the story of natural rights? In the case of Aquinas, as with many other medieval theologians, and the canon law itself, the Christian exaltation of individual uniqueness and liberty led to a greater recognition of subjective rights in the sense of both claim and exercise rights than had previously been the case. However, the claims generally remained claims upon others to exercise their more primary duties, while exercise rights were attached to social roles whose duties were derived from justice as distribution.[1] Later, in the 16th century, in the case of both Catholic and Calvinist thought, there was a greater development of the idea of “rights” as attaching to human beings as such, especially with respect to life, freedom and ownership. Thus for example, Suarez no longer, like Aquinas, defined ius as id quod iustum est, or as the equitable, but as “a kind of facultas which every man … Continue reading The History of Natural Right